Family Law

Adoptions

Adoption is a legal arrangement by which the adoptive parents become legally responsible for the child they adopt and obtain all legal parental rights with regard to the child. There are several different types of adoptions such as Agency Adoption, Independent Adoption, International Adoption, Stepparent Adoption, Adoption of Adults and Married Minors.

Child Support

Child support is the amount of money ordered by the court to be paid for the support of children by a parent or both parents. The court applies the California Guideline Child Support Calculator to determine the amount ordered to be paid for child support. Payments are usually made until children turn the age of 18, or 19 if the child is still in high school, living at home and can’t support themselves.

Domestic Violence

Domestic Violence may occur in many forms between two people in an intimate relationship; these include Physical violence, Sexual violence and Emotional violence. Find out where to get help now, or how to file a restraining order.

Divorce/Dissolution of Marriage

A married person may file for Dissolution of Marriage to end the marital relationship between married parties. Along with restoring the parties to single status, the Court will issue orders for custody and visitation of the minor children of the marriage, child support, spousal support, and confirm or divide community and separate property assets and debts.

Rules for filing a divorce (Petition for Dissolution of Marriage) case:

One of the spouses must live in (1) San Bernardino County for at least 3 months and (2) in the State of California for 6 months immediately before filing the divorce petition.

The proper courthouse within San Bernardino County depends upon the residence of either of the spouses.

Note: You are not automatically divorced 6 months after you file your petition. You must complete the process and obtain a judgment signed by a judge or commissioner before you are officially divorced.

Domestic Partnership

Dissolution of a domestic partnership terminates the partnership. You must be a resident of the state of California, both parties do not have to agree to the dissolution and it takes a minimum of six months for this action to become final.

Legal Separation

A married person who wishes to maintain the marital status but separate and resolve all of other issues of the marriage may file for Legal Separation. The Court will issue orders for custody and visitation of the minor children of the marriage, child support, spousal support, and confirm or award community and separate property assets and debts. If the Respondent files a response to the paperwork and requests dissolution of marriage, the Court will grant the dissolution of marriage.

Rules for filing a legal separation or nullity of marriage case:

The proper courthouse within San Bernardino County depends upon the residence of either of the spouses.

Annulment

A married person who wishes to restore the parties to the status of unmarried persons or as if they were never married may file for Annulment. Certain conditions must be met before the Court will consider the marriage as void or voidable. Regardless of how the case proceeds, the Petitioner, the person who initiated the case, will have the burden to prove to the Court that one of the conditions for nullity has been met before the Court will grant the nullity of marriage. The Court can also issue orders regarding property and debt division, custody and support.

Paternity/Parentage

This action is filed by an unmarried mother or by an unmarried father who have minor children together. Through this action, the Court will determine paternity (or non-paternity if the father is found not to be the biological father of the minor children), and make custody and visitation as well as child support orders.

The proper courthouse within San Bernardino County depends upon the residence of the children.

Custody and Visitation

In order for the court to address custody or visitation orders of their minor children there must be an underlying action. If the parents are married, either the mother or the father must first file an action requesting dissolution of marriage, legal separation, or nullity or file the petition for custody and support of minor children's action. If the parents are unmarried, either the mother or the father must file an action to establish the parental relationship or file the petition for custody and support of minor children.

Note: If the child has not been living in the State of California for the last 6 months, the California court may not have the authority to make custody or visitation orders. Please seek legal assistance or contact the Resource Center for more information.

How do I?

How do I file for divorce, legal separation or annulment?

Divorce can be complicated. We encourage you to talk to a family law lawyer so you will know your legal rights and the legal issues in your case.